Medical Malpractice Cases: The Pros & Cons of a Cap on Non-Economic Damages

By Alicia M. Dodge, Albany Government Law Review Class of 2011

Introduction:                        

Is a $250,000.00 cap on non-economic damages in medical malpractice cases necessary?  The answer to this question will vary widely, depending whom you ask.  The New York State Bar Association and patient-rights advocacy groups strongly oppose this cap, while hospitals and physicians generally support it.[1]  The purpose of an economic damages award, such as loss of earnings, is to make an injured person “whole” again, and can generally be calculated with a fair amount of certainty.  On the other hand, an award of non-economic damages, such as pain and suffering or loss of consortium, “cannot be precisely measured in money,” and as such are often viewed as arbitrary rewards.[2]   Continue reading “Medical Malpractice Cases: The Pros & Cons of a Cap on Non-Economic Damages”